House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 5 December 2013
12

Water Bill, continued

Dan Rogerson

Agreed to  59

Clause  8,  page  11,  leave out lines 37 and 38.

Dan Rogerson

Agreed to  60

Clause  8,  page  12,  line  3,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  61

Clause  8,  page  12,  leave out lines 8 to 25.

Dan Rogerson

Agreed to  62

Clause  8,  page  14,  line  6,  leave out ‘specify’ and insert ‘make provision about’.

Dan Rogerson

Agreed to  63

Clause  8,  page  14,  line  14,  at end insert—

‘( )
publication of the charges that may be imposed.’.

Dan Rogerson

Agreed to  64

Clause  8,  page  14,  line  27,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  65

Clause  8,  page  14,  line  28,  at end insert—

‘( )
The Authority must issue revised rules if—

(a)
guidance is issued under section 40H, and

(b)
the Authority, having regard to that guidance, considers that it is

appropriate to revise the rules.’.

Dan Rogerson

Agreed to  66

Clause  8,  page  15,  line  17,  leave out ‘any’ and insert ‘the’.

Dan Rogerson

Agreed to  9

Clause  8,  page  15,  line  27,  leave out from ‘rules’ to end of line 28.

Dan Rogerson

Agreed to  10

Clause  8,  page  16,  line  6,  at end insert—

‘( )
This section is subject to section 40GA.

             40GA Rules under section 40E: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

40E and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

Public Bill Committee Proceedings: 5 December 2013
13

Water Bill, continued

(2)
Section 40G does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 40G.’.

Clause, as amended, Agreed to.

Dan Rogerson

Agreed to  67

Clause  9,  page  17,  line  31,  at end insert—

‘(3A)
Before making an order under subsection (3), the Authority must consult the

appropriate agency.’.

Dan Rogerson

Agreed to  68

Clause  9,  page  18,  line  25,  at end insert—

‘(8A)
In this section and section 110B “the appropriate agency”, in relation to a

determination whether to make an order under subsection (3) or section 110B(1)

which would result in, or which would vary or terminate, a main connection

agreement, means—

(a)
the Environment Agency, in a case where all parties to the main

connection agreement are or would be—

(i)
a sewerage undertaker whose area is wholly in England, or

(ii)
a person who would, if the person’s application for an

appointment or variation is determined in accordance with the

application, be such a sewerage undertaker;

(b)
the NRBW, in a case where all parties to the main connection agreement

are or would be—

(i)
a sewerage undertaker whose area is wholly in Wales, or

Public Bill Committee Proceedings: 5 December 2013
14

Water Bill, continued

(ii)
a person who would, if the person’s application for an

appointment or variation is determined in accordance with the

application, be such a sewerage undertaker;

(c)
both the Environment Agency and the NRBW, in any other case.’.

Dan Rogerson

Agreed to  69

Clause  9,  page  18,  line  40,  at end insert—

‘(1A)
Before making an order under subsection (1), the Authority must consult the

appropriate agency.’.

Dan Rogerson

Agreed to  70

Clause  9,  page  20,  leave out lines 15 and 16.

Dan Rogerson

Agreed to  71

Clause  9,  page  20,  line  27,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  72

Clause  9,  page  20,  line  32,  leave out from beginning to end of line 2 on page 21.

Dan Rogerson

Agreed to  73

Clause  9,  page  21,  line  5,  leave out ‘code proposed to be issued’ and insert

‘proposed code under section 110C’.

Dan Rogerson

Agreed to  74

Clause  9,  page  22,  line  34,  leave out ‘specify’ and insert ‘make provision about’.

Dan Rogerson

Agreed to  75

Clause  9,  page  22,  line  42,  at end insert—

‘( )
publication of the charges that may be imposed.’.

Dan Rogerson

Agreed to  76

Clause  9,  page  23,  line  9,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  77

Clause  9,  page  23,  line  10,  at end insert—

‘( )
The Authority must issue revised rules if—

(a)
guidance is issued under section 110I, and

(b)
the Authority, having regard to that guidance, considers that it is

appropriate to revise the rules.’.

Dan Rogerson

Agreed to  78

Clause  9,  page  23,  line  45,  leave out ‘any’ and insert ‘the’.

Public Bill Committee Proceedings: 5 December 2013
15

Water Bill, continued

Dan Rogerson

Agreed to  11

Clause  9,  page  24,  line  10,  leave out from ‘rules’ to end of line 11.

Dan Rogerson

Agreed to  12

Clause  9,  page  24,  line  41,  at end insert—

‘( )
This section is subject to section 110HA.

             110HA Rules under section 110F: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

110F and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 110H does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 110H.’.

Dan Rogerson

Agreed to  79

Clause  9,  page  25,  line  2,  leave out from ‘Ministers’ to end of line 3.

Dan Rogerson

Agreed to  80

Clause  9,  page  25,  line  4,  leave out from ‘State’ to end of line 5.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 5 December 2013
16

Water Bill, continued

Dan Rogerson

Agreed to  81

Clause  10,  page  30,  line  8,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  82

Clause  10,  page  31,  line  29,  leave out ‘specify’ and insert ‘make provision about’.

Dan Rogerson

Agreed to  13

Clause  10,  page  31,  line  37,  at end insert—

‘(2A)
The rules may require a water undertaker, upon declaring a water main or service

pipe to be vested in the undertaker in accordance with a section 51A agreement,

to pay to the other party to the agreement an amount (which may be nil)

determined in accordance with the rules.

(2B)
Rules made by virtue of subsection (2A) may, in particular, provide for the

determination to take into account—

(a)
revenue that might be derived from the water main or service pipe in

question;

(b)
costs that might have been incurred in providing such a water main or

service pipe.

(2C)
The rules may also make provision as to—

(a)
the amount of security that may be required by a water undertaker for the

purposes of any charges imposed by the water undertaker under a section

51A agreement;

(b)
the type of security that may be required;

(c)
the payment of interest on a sum deposited with a water undertaker by

way of security.’.

Dan Rogerson

Agreed to  83

Clause  10,  page  31,  line  37,  at end insert—

‘( )
publication of the charges that may be imposed.’.

Dan Rogerson

Agreed to  14

Clause  10,  page  32,  line  1,  leave out ‘A code’ and insert ‘The rules’.

Dan Rogerson

Agreed to  84

Clause  10,  page  32,  line  3,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  85

Clause  10,  page  32,  line  4,  at end insert—

‘( )
The Authority must issue revised rules if—

(a)
guidance is issued under section 51CF, and

(b)
the Authority, having regard to that guidance, considers that it is

appropriate to revise the rules.’.

Public Bill Committee Proceedings: 5 December 2013
17

Water Bill, continued

Dan Rogerson

Agreed to  86

Clause  10,  page  32,  line  10,  leave out ‘any’ and insert ‘the’.

Dan Rogerson

Agreed to  15

Clause  10,  page  32,  line  18,  at end insert—

‘( )
The Authority must specify the period (“the consultation period”) within which

the relevant persons may make representations about the proposed rules.’.

Dan Rogerson

Agreed to  16

Clause  10,  page  32,  line  20,  at end insert—

‘(4)
Before rules under section 51CD prepared by the Authority are issued, the

Minister may direct the Authority not to issue the rules.

(5)
In subsection (4) “the Minister” means—

(a)
the Secretary of State, so far as the rules relate to section 51A agreements

for the vesting of water mains or service pipes in water undertakers

whose areas are wholly or mainly in England;

(b)
the Welsh Ministers, so far as the rules relate to section 51A agreements

for the vesting of water mains or service pipes in water undertakers

whose areas are wholly or mainly in Wales.

(6)
A direction under subsection (4) must be given within the period of 28 days

beginning with the day after the end of the consultation period, and rules may not

be issued before that period of 28 days has expired.’.

Dan Rogerson

Agreed to  17

Clause  10,  page  32,  line  20,  at end insert—

‘( )
This section is subject to section 51CEA.

             51CEA Rules under section 51CD: minor or urgent revisions

(1)
This section applies if the Authority proposes to issue revised rules under section

51CD and, in the view of the Authority, the revision or each of the revisions

proposed to be made is—

(a)
a revision for which consultation is unnecessary, or

(b)
a revision that it is necessary or desirable to make without delay.

(2)
Section 51CE does not apply to the proposed revised rules.

(3)
Before issuing the revised rules, the Authority must give notice to the Minister of

its intention to issue revised rules.

(4)
Before the revised rules are issued, the Minister may direct the Authority not to

issue the revised rules.

(5)
A direction under subsection (4) must be given within the period of 14 days

beginning with the day after the day on which notice is given under subsection

(3), and the Authority may not issue the revised rules in question before—

(a)
that period of 14 days expires, or

(b)
the Minister notifies the Authority that no direction under subsection (4)

will be given in relation to the revised rules,


whichever is the sooner.

(6)
Once the Authority has issued the revised rules, it must give notice as soon as

reasonably practicable of—

(a)
the issuing of the revised rules, and

Public Bill Committee Proceedings: 5 December 2013
18

Water Bill, continued

(b)
as regards each revision contained in them, whether in the view of the

Authority the revision falls within paragraph (a) or (b) of subsection (1).

(7)
Notice under subsection (6) is to be given to such persons as the Authority

considers appropriate.

(8)
Unless the Authority gives notice that a revision in revised rules is in the view of

the Authority a revision falling within subsection (1)(a), the revision ceases to

have effect at the end of the period of six months beginning with the day after that

on which the revised rules are issued.

(9)
In this section “the Minister” has the meaning given by section 51CE.’.

Dan Rogerson

Agreed to  18

Clause  10,  page  32,  leave out lines 37 to 41 and insert—

‘(7)
In this section “the Minister” means—

(a)
the Secretary of State, so far as the guidance is as to the content of rules

relating to section 51A agreements for the vesting of water mains or

service pipes in water undertakers whose areas are wholly or mainly in

England;

(b)
the Welsh Ministers, so far as the guidance is as to the content of rules

relating to section 51A agreements for the vesting of water mains or

service pipes in water undertakers whose areas are wholly or mainly in

Wales.’.

Clause, as amended, Agreed to.

Dan Rogerson

Agreed to  87

Clause  11,  page  36,  line  45,  leave out ‘review’ and insert ‘revise’.

Dan Rogerson

Agreed to  19

Clause  11,  page  37,  leave out lines 17 to 21 and insert—

‘(5)
In this section “the Minister” means—

(a)
the Secretary of State, so far as the code relates to section 104 agreements

for the vesting of sewers, drains or sewage disposal works in sewerage

undertakers whose areas are wholly or mainly in England;

(b)
the Welsh Ministers, so far as the code relates to section 104 agreements

for the vesting of sewers, drains or sewage disposal works in sewerage

undertakers whose areas are wholly or mainly in Wales.’.

Dan Rogerson

Agreed to  88

Clause  11,  page  38,  line  13,  leave out ‘specify’ and insert ‘make provision about’.

Dan Rogerson

Agreed to  89

Clause  11,  page  38,  line  21,  at end insert—

‘( )
publication of the charges that may be imposed.’.



© Parliamentary copyright	Revised 6 December 2013